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support the MOU and Consent Decree in its recommendations. The CtiVCB's recommendations <br />were filed with the Water Court on April 14, 2006. The Parties hereto shall not take any position <br />andlor action before the CWCB that is inconsistent with this MOU and the Consent Decree <br />b. The Parties hereto agree that the Consent Decree and this MOU are <br />consistent with the doctrine of maximum utilization as applicable to these R1C.Ds only. The <br />parties hereto agree not to take any position and/or action with respect to these RICDs before the <br />Water Court, or on appeal, that is inconsistent with the Consent Decree and this MOU. <br />15. Pu #ure bVt +ter RiUx =hts. Nothing in this MOU shall prevent any Party from hereafter <br />applying for new water rights in the future, subject to Colorado law governing priorities and <br />appropriation dates. However, except as provided below for Upper Arkansas and CS -U, the <br />Parties agree that, so long as the VFMP target flows do not exceed those in the attached .Exhibit <br />D -1, they will not operate such future new water rights to exchange against water released from <br />Twin takes or Turquoise Reservoir pursuant to the VFMP, nor will they divert or operate such <br />water rights in such a manner as to trigger releases of water from Twin Lakes or Turquoise <br />Reservoir pursuant to the VFMP. Upper Arkansas agrees that any future applications for new or <br />enlarged water rights or exchanges that it files on the Arkansas River main stem above pueblo <br />Reservoir shall be subject to terms and conditions (with regard to VFMP flows) that are no less <br />protective of Upper Arkansas' rights and the VFMP than those specified in the Stipulation <br />between Chaffee County and Upper Arkansas in the Upper Arkansas Exchange Case, attached <br />hereto as Exhibit E. CS -U agrees that, as to any future applications for new or enlarged water <br />rights or exchanges that it files on the Arkansas River above Pueblo Reservoir, including Case <br />No: 05CW96, CS -U shaII operate such water rights or exchanges, to the extent practicable, in a <br />manner that helps satisfy the VFMP target flows listed in exhibit D -1 and is consistent with the <br />VFMP Agreement described above. Nothing in this MOU precludes any party from requesting <br />other terms and conditions on such water rights, exchanges or flows in such future applications <br />that are no less protective of the VFMP. <br />The Parties farther agree that such fixture new water rights shall be subject to minimum <br />Arkansas River flow requirements of 190:0 e.f.s. at the Fremont Sanitation District Wastewater <br />Treatment Plant, and 240.0 c.f.s. (September through June) and 260.0 c.f s. (July and August) at <br />the Salida Wastewater Treatment Plant, to the extent such future water rights are for diversion, <br />storage or exchange upstream from one or both of said wastewater treatment plants. The Parties <br />further agree that such future new or enlarged water rights shall be subject and junior to the <br />Consent Decree for the RICDs. <br />16. Lite Resolution. If a dispute arises between the Parties relating to this <br />Agreement, except for disputes arising for the First time during a trial, the Parties shall follow the <br />following procedure: <br />a. The Administrative Officers shall hold a meeting promptly, but in no <br />event later than 10 calendar days from the written notification of the dispute by any Party, <br />attended by the Administrative Officers or persons designated to exercise the full authority of the <br />Administrative Officers regarding the dispute, to attempt its good faith to negotiate a resolution <br />of the dispute. At that meeting, the Administrative officers will either resolve the dispute or set <br />forth a process by which to negotiate a resolution of the dispute, subject to respective Board <br />SB21. t 12 <br />